Covenant Regarding Real Property 1996-0019686
1773
OP~ D 1996-0019686
16-JAH-1996 08=46 AM
RECORDING REQUEST BY:
CITY OF POWAY
~ OFFICIAL RECORDS
) SAH' DIEGO COUHTY RECORDER'S OFFICE
) GREGORY SMITH, cOUHTY RECORDER
) RF: 16.00 FEES: 40.00
) AF: 2100
) MF: 1.00
)
)
)
)
) \ ,(This space for Recorder'. Use)
WHEN RECORDED MAIL TO:
CITY CLERK
CITY OF POWAY
POBOX 789
POWAY CA 92074-0789
No Transfer Tax Due
COVENANT REGARDING REAL PROPERTY
Joseph Wels ("OWNER" hereinafter) is the owner of real property described In Exhibit A which Is
attached hereto and made a part hereof and which Is commonly known as Assessor's Parcel Number 321-
270-54, 58, 59, & 63 ("PROPERTY" hereinafter). In consideration of the approval of Tentative Tract Map 95-
01 by the City of pr;may ("CITY" hereinafter), OWNER hereby agrees to abide 'by conditions of the attached
resolution (Exhibit B).
This Covenant shall run with the land and be binding upon and inure to the benefit of the future
owners, encumbrancers, successors, heirs, personal representatives, transferees and assigns of the
respective parties.
In the event that Tentative Tract Map 95-01 expires or Is rescinded by City Council at the request
of the OWNER, CITY shall expunge this Covenant from the record title of the PROPERTY.
If either party Is required to Incur costs to enforce the provisions of this Covenant, the prevailing
party shall be entitled to full reimbursement of all costs, including reasonable attorneys' fees, from the other
party. The CITY may assign to persons impacted by the performance of this Covenant the right to enforce
this Covenant against OWNER
Dated:
I (<lI4f(."
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Jos eiss, OWNER (!ltarize) -
CITY OF POWAY
Dated:
;;;2-1;). -q 5
By:
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CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
1774
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County_of SOon 1); e~o
On J a.f1. r. / 'I 'I t: before me, JO. h t,J Lee. ?e I
Date JO~e Wei.;:,S Name and Tille of Officer (e. ., "Jane Doe, Notary Public")
personally appeared ,
Name(s) of Signer(s) ;
~erSOnallY known to me - OR - D proved to me on the basis of satisfactoryievidence to be the person(s)
whose name(s) ishlre subscribed to the within instrument
and acknowledged to me that he/51 ,0/11 ,oy executed the
same in his/heffttleir authori:f:ed capacity(ies), and that by
his/tw.';1I ".Ir signature(s) on the instrument the person(s),
or the entity upon behalf 01 which the person(s) acted,
executed the instrument. ;
State of
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OP 'ONAL I
Though the information below is not required by law, it may prove valuable to persons relying an the document and could prevent
fraudulent removal and reattachment of this form to another document.
,
Signature of:Notary Public
Description of Attached Document
Title or Type of Document: ~ (rl fArlQ.4 l-
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Nunilber of Pages:
Document Date;
Signer(s) Other Than Named Above: ~ '( klA- W rij T
capacitY(ieS).Elaimee by Sig.ner(s)
Signer's Name:-J 0Se. f' WiA.~S Signer's Name:
Ililndividual
D Corporate Officer
Title(s):
D Partner - D Limited D General
D Attorney-in-Fact
D Trustee
D Guardian or Conservator
D Other;
Signer Is Representing:
D Individual
D Corporate Officer
Title(s):
D Partner - D Limited D General
D Attorney-in-Fact
D Trustee
D Guardian or ConsElrvator
D Other: Top of thumb here
RIGHT THUMBPRINT
OF SIGNER
Signer Is Representing:
01994 National Notary Association. 8236 Remmel Ave., P.O. Box 7184. Canoga Park, CA 91309-7184
Prod. No. SQ)7
Reorder; Call Toll-Free 1-800-876-6827
1775
LEGAL DESCRIPTION
PARCEL 1
Parcel 1 of Parcel Map No. 10293, in the City of Poway, County of San Diego,
State of California, filed in the Office of the County Recorder of San Diego
County, August 1, 1980 as File No. 80-244906 of Official Records, as further
described.
PARCEL 2
Parcel 2 of Parcel Map No. 10293, in the City of Poway, County of San Diego,
State of California, filed in the Office of the County Recorder of San Diego
County, August 1, 1980 as File No. 80-244906 of Official Records, as further
described.
PARCEL 3
Parcel 3 of Parcel Map No. 10293, in the City of Poway, County of San Diego,
State of California, filed in the Office of the County Recorder of San Diego
County, August I, 1980 as File No. 80-244906 of Official Records, as further
described.
PARCEL 4
Parcel 4 of Parcel Map No. 10293, in the City of Poway, County of San Diego,
State of California, filed in the Office of the County Recorder of San Diego
County, August 1, 1980 as File No. 80-244906 of Official Records, as further
described.
EXHIBIT A
RESOLUTION NO. P-95-64
1776
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING TENTATIVE TRACT MAP 95-01,
ASSESSOR'S PARCEL NUMBER 321-270-54,58,59,&63
WHEREAS, Tentative Tract Map 95-01, hereinafter "Map", submitted by Lewis
& Lewis Architects, appl icant, for the purpose of subdividin9 real property
situated in the City of Poway, County of San Diego, State of California,
described as Parcels 1, 2, 3 and 4 of Parcel Map 10293 was presented at a public
hearing on December 12, 1995; and
WHEREAS, the Director of Planning Services has recommended approval of the
project subject to all conditions set forth in the Planning Services report; and
WHEREAS, the City Council has read and considered said report and has
considered other evidence presented at the public hearing.
NOW, THEREFORE, the City Council does hereby resolve as follows:
Section I: Environmental Findinqs:
The Ci ty Council fi nds that the project wi 11 not have a s i gnifi cant
adverse impact on the environment and hereby issues a Negative Declaration
with Mitigation Measures.
Section 2: Findinqs:
Tentative Tract MaD 95-01
1. The proposed project is consistent with the general plan in that
mi ni ma 1 areas of di sturbance are bei ng proposed for a project
located within the hillsidejridgeline watershed area.
2. The tentative tract map is consistent with the Poway General Plan in
that single-family housing is proposed for development.
3. The design or improvement of the tentative tract map is consistent
with all applicable general and specific plans, in that improvements
adhere to the development of the City of Pow~ Zoning Ordinance and
the Subdivision Ordinance.
4. The site is physically suitable for the type of development
proposed, in that each lot is in excess of nine acres in size.
5. The site is physically suitable for the density of the development
proposed. The site will be developed in conformance with density
criteria of the RR-A zone.
6. The design of the subdivision is not likely to cause substantial
environmental damage and avoidable injury to humans and wildlife or
other habitat, in that the areas set aside for development will be
1 imited to two acres per lot and no further subdivision of the
property is permitted.
EXHIBIT B
1777
Resolution No. P-95-64
Page 2
7. The tentative tract map is not likely to cause serious public health
problems because City water and approved septic systems will be
provided to the new parcels. Low flow plumbing fixtures will be
required throughout future buildings on the site. Landscaping plans
will eventually be prepared with minimal water consumption and
incorporating low volume irrigation techniques for trees and shrubs.
8. The design of the tentative tract map will not conflict with any
easement by the public at large, now of record, for access through
or use of the property within the proposed subdivision.
Section 3: City Council Decision:
The City Council hereby approves Tentative Tract Map 95-01, subject to the
following conditions:
Within 30 days of approval {I} the applicant shall submit in writing that
all conditions of approval have been read and understood; and {2} the
property owner shall execute a Covenant on Real Property. Those
conditions proceeded by an * are required in mitigation for possible
environmental impacts.
APPLICANT SHALL CONTACT THE DEPARTMENT OF PLANNING SERVICES REGARDING COMPLIANCE
WITH THE FOLLOWING CONDITIONS:
SITE DEVELOPMENT
1. Site shall be developed in accordance with the approved site plans on file
in the Planning Services Department and the conditions contained herein.
2. Approval of this request shall not waive compliance with all sections of
the Zoning Ordinance and all other applicable City Ordinances in effect at
the time of building permit issuance.
3. Prior to any use of the project site or business activity being commenced
thereof, all conditions of approval contained herein shall be completed to
the satisfaction of the Director of Planning Services.
*4. A dedication shall be made for a biological conservation easement at a
rate of 2:1 as mitigation for disturbance of Diegan coastal sage scrub.
The area designated for preservation shall be contiguous land which is of
equal or greater biological value to that which will be consumed in the
development process. This dedication shall be submitted to and approved
by the Planning Services Department prior to final map approval.
5. This approval shall become null and void if the tentative map is not
finaled and recorded within two years from the date of project approval.
Application for time extension must be received at least 90 days prior to
expiration.
LANDSCAPING
I. All graded slopes greater than five feet in height shall be landscaped and
irrigated, and those three feet or greater shall be planted, in accordance
with adopted Poway Landscape Standards for hillside areas.
1778
Resolution No. P-95-64
Page 3
*2. Landscaping on graded slopes which will be visible to the valley floor
shall be planted in materials which visually transition into native
vegetation.
*3. All planting materials proposed for use near natural areas shall be
evaluated for its potential for invasiveness. Such plants shall not be
installed within 100 feet of native vegetation.
4. All landscaped areas shall be maintained in a healthy and thriving
condition, free from weeds, trash and debris.
*5. The graded pad area of each lot shall be 1 imite~ to a maximum of two
contiguous acres of disturbance, which shall include the house footprint,
accessory structures, driveway, pools, tennis courts, horse barns,
paddocks, arenas and corrals. All remaining area shall be retained in its
natural state and shall not be fenced.
*6. Homes designed for the subject lots shall follow the natural contours of
the hillsides wherever possible in order to minimize the visible cut and
fill areas. The buildings should be earthtone colors, with muted shades
of tan, beige, gray, green, etc, and with roof colors in dark terra cotta
t 11 e, or dark gray or brown s imul ated concrete shake materi a 1. No
reflective or brightly colored materials, other than necessary glazing,
shall be permitted.
SIGNS
Any signs proposed for this development shall be designed and approved in
conformance with the Sign Ordinance.
ADDITIONAL APPROVALS REOUIRED
I. The developer shall display a current Zoning and land Use Map, or suitable
alternative, in the sales office at all times, to the satisfaction of the
Director of Planning Services.
2. All sales maps that are distributed or made available to the public shall
include but not be limited to trails, future and existing schools, parks,
and streets.
3. The developer shall set aside 15 percent of the new lots for low income
hous i ng and shall be subject to a restri ct ion on the face of the map
providing such set aside. An in-lieu fee has been adopted by the City
Council and the developer may opt to pay an in-lieu fee at the established
rate in place of setting aside 15 percent of the units for low income
housing. This fee shall be paid prior to building permit issuance.
APPLICANT SHALL CONTACT THE DEPARTMENT OF ENGINEERING SERVICES REGARDING
COMPLIANCE WITH THE FOLLOWING CONDITIONS:
J~~/)
Resolution No. P-95-64
Page 4
GRADING
1. Grading of the subject property shall be in accordance with the Uniform
Building Code, City Grading Ordinance, approved grading plan and
geotechnical report, and accepted grading practices.
2. The grading plan shall contain a certificate signed by a registered civil
engineer that the grading plan has preserved a minimum of 100 square feet
of solar access for each dwelling unit and for each future building site
within the subdivision.
3. A soils report shall be prepared by a qualified engineer licensed by the
State of California to perform such work.
4. A geological report shall be prepared by a qualified engineer or geologist
and submitted at the time of application for grading plan check.
5. The final grading plan, prepared on a standard sh~et of mylar, shall be
subject to review and approval by the Planning and Engineering Services
Departments and shall be completed prior to start of grading operation.
6. A pre-blast survey of the surrounding property shall be conducted to the
satisfaction of the City Engineer prior to any rock blasting. A blasting
permit shall be obtained from the Engineering Services Department prior to
any rock blasting. Seismic Recordings shall be taken for all blasting and
blasting shall occur only at locations and levels approved by the City
Engineer.
7. All new slope shall be a minimum of 2:1 (horizontal to vertical).
8. A final compaction report shall be submitted and approved prior to
issuance of building permits.
9. A certification of line and grade, prepared by the project civil engineer,
shall be submitted prior to issuance of building permits.
10. Buildings and parking lots shall be at least five feet from tops and toes
of slopes, unless waived by Planning and/or Engineering Services
Departments prior to grading permit issuance.
11. Non-supervised or non-engineered fill is specifically not allowed. Rock
di sposa 1 areas shall be graded in compl i ance wi th City-approved soil s
investigations and recommendations and grading plans.
12. Erosion control, including but not limited to desiltation basins, shall be
installed and maintained from Oct. 15th to April 15th. An erosion control
plan shall be prepared by the project civil engineer and shall be
submitted as part of the grading plan. The developer shall make
provisions to insure the proper maintenance of all erosion control devices
throughout their intended life.
13. The tops and toes of all graded slopes shall be constructed with a five-
foot minimum setback from any open space area and property lines.
1;'80
Resolution No. p-95-64
Page 5
STREETS
1. Murel Trail and a portion of Blue Crystal Trail, running Southerly from
the AC-paved portion of Blue Crystal Trail to and within the subdivision,
shall be improved in accordance with the standards and specifications for
Non-dedicated Rural Street per Sect ions 12.20.110 and 12.20.120 of the
Poway Municipal Code. Completion of the improvements shall be done prior
to building permit issuance.
2. A road maintenance agreement for Murel Trail and a portion of Blue Crystal
Trail shall be executed and recorded in the office of the San Diego County
Recorder prior to map approval. Said agreement shall be in a form
acceptable to the City Attorney.
3. All damaged off-site public works facilities, including parkway trees,
shall be repaired and replaced prior to exoneration of bonds and
improvements, to the satisfaction of the Director of Engineering Services.
4. Prior to any work performed in the publ ic right-of-way or City-held
easements, a right-of-way permit shall be obtained from the Engineering
Services Department and appropriate fees paid, in addition to any permits
required.
5. All street structural sections shall be submitted to and approved by the
Director of Engineering Services Department prior to street construction.
6. Private street improvement plans shall be prepared and processed as a
grading plan. Said plans shall be in a scale of 1"=40' minimum and
prepared on standard sheets of mylar by a Registered Civil Engineer and
shall be submitted for approval by the City Engineer. Plan check and
inspection fees shall be paid by the developer. The grading plan shall be
approved and securities posted prior to start of grading operation.
7. The access driveway from Murel Trail to the existing City water reservoir
in the area that would be affected by grading the subdivision shall be
paved with a minimum of 2" AC on native subgrade. It shall be completed
prior to issuance of a certificate of occupancy for a building on Lot B.
DRAINAGE AND FLOOD CONTROL
1.
Intersection drains shall be required at locations specified by the
Director of Engineering Services Department and in accordance with
standard engineering practices.
A drainage system capable of handl ing and disposing all surface water
originating within the project, and all surface waters that may flow onto
the project from adjacent lands, shall be required. Said drainage system
shall include any easements and structures as required by the Director of
Engineering Services to properly handle the drainage.
Portland cement concrete gutters shall be installed where water crosses
the roadways.
Concentrated flows across driveways and/or sidewalks shall not be
permitted.
2.
3.
4.
1'l81
Resolution No. P-95-64
Page 6
imB
1. Sewage disposal system shall be designed and constructed to meet the
requirements of the City of Poway and San Diego County Department of
Health.
2. A Health Department certificate for the sewage disposal system shall be
obtained prior to final map approval. The approved certificate wording
shall be placed on the final map, except the non-title sheet.
3. Prior to getting approval of the sewage disposal system from the County
Department of Health, the developer's engineer shall submit to the City a
leach field layout plan for review and approval.
WATER
1. A public water distribution system, to be designed per City of Poway
standards and specifications, shall be constructed to provide water supply
for domestic and fire protection needs within the subdivision as well as
other properties in the Blue Crystal Trail area as shown on Attachment 7
and as referred to in the approved agenda report on June 20, 1995 for the
approval to retire bonds for Assessment District No. 79-1. The design
shall be completed prior to map approval.
2. Improvement plans, prepared on standard sheet of mylar on 1"=20' scale by
a Registered Civil Engineer shall be submitted for review and approval by
the Director of Engineering Services. Plan check, inspection, and
administrative fees shall be paid by the developer and appropriate
securities posted prior to plan approval. Initial plan checking and
inspection fees shall be paid at first submittal of plans.
3. A Standard Agreement for Construction of Publ ic Improvements shall be
executed by the developer prior to final map approval.
4. Water lines and appurtenances that will be installed at locations other
than within public streets shall have an easement, a minimum of 20 feet
wide for each line, dedicated to the City of Poway. Multiple parallel
facilities will require additional easement width for on-site facilities.
Dedication shall be offered on the final map or by a separate document
instrument prior to approval of improvement plans. No other utility lines
shall be placed within the easement unless otherwise approved by the
Director of Engineering Services.
5. The developer, at its option, may request a reimbursement agreement with
the City of Poway for the construction of a water distribution system in
the Blue Crystal Trail area. Application for a reimbursement agreement
shall be made at final map review and shall be recorded prior to
recordation of the final map.
UTILITIES
1. All proposed electrical/communication/CATV utilities within the project
shall be installed underground including existing electrical utilities
less than 34.5 KV along Circulation Element roads and/or highways.
./ )>&
<
Resolution No. P- 95-64
Page 7
2. Utility easements shall be provided to the specification of the serving
utility companies and the Director of Engineering Services.
3. The developer shall be responsible for the relocation and undergrounding
of existing public utilities as required.
4. Existing telephone, gas, electric, water, sewer, and other public utility
lines and appurtenances shall be shown on the grading/improvement plans.
5. All public utility lines (i.e., water, sewer, drainage) not located within
public streets shall have an improved access over and along the respective
easement, the surfacing and width of which shall be acceptable to the City
Engineer.
GENERAL REOUIREMENTS AND APPROVALS
1. The final map shall conform to City standards and procedures, City
subdivision ordinance, Subdivision Map Act, and Land Surveyors Act.
2. No grading and no structures are to be built over the existing open space
easement on site, unless approved by the Directors of Planning Services
and Engineering Services. A disturbed open space e!asement may be vacated
at the discretion of the City and an equal or greater area of open space
easement within the subdivision shall be dedicated to the City.
Dedication shall be made through the final map.
3. No work and no structures are allowed within any City-held easement that
would compromise the use and purpose for which it was originally
dedicated.
4. The developer/owner shall provide the City with a. document or documents
indicating proof of access rights from Poway Road to the subdivision.
5. A monumentation bond in an amount acceptable to the City Engineer shall be
posted prior to final map approval.
DEVELOPMENT RELATED FEES
1. The following fees, including but not 1 imited to, traffic mitigation,
drainage, water base capacity, and park fees shall be paid or secured
prior to final map approval. If secured, these fees shall be paid in full
prior to issuance of a certificate of occupancy.
Permit and plan checking fees shall be paid upon submittal of final map,
improvement, and/or grading plan, as applicable.
Fire protection fee and reimbursement processing fee shall be paid in full
prior to final map approval.
San Diego County Water Authority (SDCWA) base capacity fees shall be paid
at time of application for a water meter installation.
J~6>
.f
Resolution No. P- 95-64
Page 8
In addition to all applicable water connection fees, a special water
service fee of $8390.00, applicable to Lots I, 2, 3, 4, & 8 shall be paid
prior to bUilding permit issuance.
2. A processing fee shall be paid to the City for each easement dedication
made through a separate instrument other than dedication made on the final
map.
APPLICANT SHALL CONTACT THE DEPARTMENT OF SAFETY SERVICES REGARDING COMPLIANCE
WITH THE FOLLOWING CONDITIONS:
1. Lots 2 & 3 - Fire Department turn-around may be required, depending on
location of the house.
2. Lot 4 - Extend eastern leg of Fire Department turn-around ten feet so as
to provide a total of 60 feet on each leg. Maintain a 20 feet radius on
all corners.
3. Lot 5 - Extend the western leg of Fire Department turn-around by at least
ten feet. Extend the southern leg of Fire Department turn-around by at
1 east 12 feet.
4. All lots - All residences placed greater than 500 feet from a fire hydrant
shall be required to install a residential fire sprinkler system. This
will necessitate one inch water meters and one inch laterals.
5. Water supply - Design of water system is pending, therefore, no
discussion of above ground tanks or other design concepts have been
reviewed. Additional fire hydrants shall be required.
6. Should a gate(s) be placed at access ways affecting more than four (4)
residences or residential lots, the gate(s) will be equipped with approved
emergency traffic control activating strobe sensor(s) which will activate
the gate(s) on the approach of emergency apparatus. All automatic gates
must meet Fire Department policies deemed necessary by the Chief for
rapid, reliable access. A manual override lock release system will be
provided in the event of a power failure. Manual gates shall have a Fire
Department lock box installed with the gate key inside.
7. Any automatic gate across a fire access road (regardless of the number of
residences or lots affected) shall be equipped with approved emergency key
operated switches overriding all command functions and opening the gate.
APPLICANT SHALL CONTACT THE DEPARTMENT OF PUBLIC SERVICES REGARDING COMPLIANCE
WITH THE FOLLOWING CONDITIONS:
1. The project shall be annexed into the appropriate landscape maintenance
district prior to final map.
2. The CC&R's and/or Articles of Incorporation of the Homeowner's Association
shall be subject to review for compliance with conditions herein by the
City Attorney and Director of Planning Services, and shall be filed with
the Secretary of State, the County Recorder, and the City Clerk at the
time of final map consideration.
Resolution No. P-95-64
Page 9
3. Final map shall conform to City standards and procedures.
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d'?
4. This is a lot-averaged subdivision and shall not be re-subdivided. The
final map shall be labeled accordingly.
5. All provisions of the Subdivision Ordinance of the Poway Municipal Code
shall be met as they relate to the division of land.
6. Prior to final map, all dedications shall be made and easements granted as
required.
APPROVED and ADOPTED by the City Council of the City of Poway, State of
California, this 12th day of December 1995.
~~
DOnlHigginSOn, a
k l\Ja4At
Wahlsten, City Clerk
ALIFORNIA
COUNTY OF SAN DIEGO
)
) SS.
)
I, Marjorie K. Wahlsten, City Clerk of the City of Poway, do hereby
certify, under the penalty of perjury, that the foregoing Resolution, No.
P-95-64 ,was duly adopted by the City Council at a meeting of said City Council
held on the 12th day of December, 1995, and that it was so adopted by the
following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
CAFAGNA, EMERY, REXFORD, HIGGINSON
NONE
NONE
CALLERY
E:\CITT\PLAHNING\REPORT\TTM9501.RES